The Executive Leadership Institute Terms of Use Agreement

The Executive Leadership Institute Terms of Use Agreement

The Executive Leadership Institute website and all related mobile applications and other interactive properties and services (collectively, the “Site”) are owned, operated and distributed by Executive Leadership Institute & Forum Corporation, a Georgia corporation (referred to in this Privacy Policy as “Executive Leadership Institute”, “ELI” or “we” and through similar words such as “us,” “our,” etc.).

This is a legally binding contract. Please read these Terms of Use (this “Agreement”) carefully. By accessing the Site, you accept, without limitations or qualifications, all of the terms and conditions in this Agreement as well as those contained in our privacy policy. If you do not accept all of the terms and conditions of this Agreement and/or the privacy policy, do not access the Site or any portions thereof.

Use of the Site is available only to individuals who are at least 18 years old. If you are not yet 18 years old, you are not authorized to use the Site.

This Agreement and the information and materials presented herein are subject to change at any time and without prior notice. By accessing the Site at any time after such modifications, you are agreeing to such modifications. This Agreement was last modified as of April 2, 2016.

Acceptable Use of the Site

General Use Rules. The Site is intended for individuals seeking to manage their career and/or seeking employment and for employers seeking candidates for employment. You may use this Site only for lawful purposes within the stated context of The Executive Leadership Institute's intended and acceptable use of the Site. The Executive Leadership Institute is the sole interpreter of the Site's intended and acceptable use.

License to Use by Users who are managing their careers and/or seeking employment opportunities. The Executive Leadership Institute hereby grants you a limited, terminable, non-exclusive right to access and use the Site only for your personal use managing your career and/or seeking employment opportunities for yourself. This authorizes you to view and download a single copy of the material on the Site solely for your personal, noncommercial use. You agree that you are solely responsible for the content of any information you post to the Site and any consequences arising from such posting. Your use of the Site is a privilege. The Executive Leadership Institute reserves the right to suspend or terminate that privilege for any reason at any time, at its sole discretion.

License to Use by Users who are Employers. The Executive Leadership Institute hereby grants you a limited, terminable, non-exclusive right to access and use the Site only for your internal business use seeking candidates for employment. This authorizes you to view and download a single copy of the material on the Site solely for your personal use directly related to using the Site for the purpose of searching and recruiting job prospects. You may not sell, transfer or assign any products or services or your rights to any products or services (including access to the Professional Database) provided by The Executive Leadership Institute to any third party without the express written authorization of The Executive Leadership Institute. You agree that you are solely responsible for the content of any information you post to the Site and any consequences arising from such posting. The Executive Leadership Institute reserves the right to suspend or terminate your access and use at any time if The Executive Leadership Institute determines that you are in breach of any of these Terms and Conditions.

Section - 1 Relationship of Employer and Professional

The Executive Leadership Institute does not accept liability as an employer, singularly or jointly, of any professional and the employment/independent contractor status of any professional as such status pertains to such professional's relationship with the employer is solely determined by an agreement between the professional and the employer. The Employer agrees and understands that The Executive Leadership Institute will not in any way be involved in the terms and conditions of the employment or contracting arrangement with any professional.

Information that is defamatory, libelous or invasive of privacy or publicity rights of others;

Information that is actionable or may subject The Executive Leadership Institute to legal action or liability of any kind;

Information that violates any applicable local, state, national or international law, regulation, or convention.

Section - 4 Acts Against the System

You shall not attempt to or engage in potentially harmful acts that are directed against the system including, without limitation, the following:

Causing, allowing or assisting any other person to use your account or impersonate you;

Forging screen names, manipulating identifiers or otherwise impersonating any other person for any reason;

Emulating or faking usage of the system;

Falsely stating or otherwise misrepresenting your affiliation with any person or entity;

Introducing viruses, worms, software, Trojan horses or other similar harmful code into the system;

Causing, allowing or assisting machines, bots or automated services to access or use the system without the express written permission of The Executive Leadership Institute;

Tampering with the operation, functionality or the security of the system;

Attempting to override or circumvent any security or usage rules embedded into the system that permit digital materials to be protected;

Misusing, tricking, disrupting or otherwise interfering with the system.

Section - 5 Suspected Misuse and Penalties

The Executive Leadership Institute shall be the sole and final arbiter of suspected Code violations, misuse and penalty. Suspected violations may result in penalties for misuse including, without limitation, one or more of the following:

Assessment of penalty points to your account;

Suspension;

Termination;

Personal identification;

Legal action.

The Executive Leadership Institute reserves the right to seek civil, criminal or injunctive relief, at its sole discretion and without obligation, to enforce this code.

Section - 6 Interruption and Errors

The Executive Leadership Institute does not guarantee that the system will be uninterrupted or error-free. The Executive Leadership Institute may modify, amend, adapt, supplement, suspend, discontinue, terminate or make other similar changes, temporarily or permanently, to the system, or any portion thereof, at its discretion, with or without notice. The system may be interrupted, delayed or unavailable for your access from time to time for reasons including, but not limited to, the following: routine data compilation, service and maintenance; attacks, interference or interruption by the acts of third parties; earthquake, flood, fire, storm or other natural disaster; war, terrorism, armed conflict; labor strike, lockout or boycott; power failure or blackout; or other unforeseen or unavoidable events. The Executive Leadership Institute shall not be liable to you or to any third party for routine, unforeseen or unavoidable interruption, delay or unavailability.

Section - 7 Securing Member Information

The Executive Leadership Institute uses commercially reasonable business practices to secure its system. The Executive Leadership Institute does not guarantee the security of information and shall not be responsible for infiltration, provided that commercially reasonable practices have been used.

Section - 8 Automatic Renewal Process

We offer different Subscription packages. Our Subscription packages and fees are listed on our website and are subject to change.

We will charge your PayPal, credit or debit card for your first Subscription fee on the date that we process your order for your Subscription (or if you sign-up for a Subscription that includes a free-trial period, we will charge your credit or debit card for your first Subscription fee upon the expiration date of the applicable free-trial period).

IMPORTANT NOTICE: THE EXECUTIVE LEADERSHIP INSTITUTE WILL AUTOMATICALLY RENEW YOUR SUBSCRIPTION ON THE DAY YOUR CURRENT SUBSCRIPTION PERIOD EXPIRES (THE "RENEWAL DATE"), AND THE EXECUTIVE LEADERSHIP INSTITUTE WILL CHARGE YOUR CREDIT OR DEBIT CARD WITH THE APPLICABLE SUBSCRIPTION FEE, UNLESS YOU CANCEL PRIOR TO THE RENEWAL DATE OR UNLESS YOU DISABLE THE AUTO-RENEWAL FUNCTION (SEE BELOW FOR INSTRUCTIONS ON HOW TO DISABLE AUTO-RENEWAL OF SUBSCRIPTIONS).

IF YOU SIGN UP FOR A SUBSCRIPTION THAT INCLUDES A FREE-TRIAL PERIOD OR A DISCOUNTED SUBSCRIPTION, UNLESS YOU HAVE CANCELLED YOUR SUBSCRIPTION PRIOR TO THE EXPIRATION OF THE FREE-TRIAL PERIOD OR DISCOUNTED SUBSCRIPTION TERM, THE EXECUTIVE LEADERSHIP INSTITUTE WILL, AUTOMATICALLY CHARGE YOU THE SUBSCRIPTION FEE UPON THE EXPIRATION OF THE FREE-TRIAL OR DISCOUNT SUBSCRIPTION PERIOD. DISCOUNTED SUBSCRIPTIONS AND FREE-TRIAL SUBSCRIPTIONS WILL BE CHARGED AT THE REGULAR PRICE IN EFFECT ON THE DATE YOU SUBSCRIBED TO THE FREE-TRIAL OR DISCOUNTED SUBSCRIPTION.

YOU MAY CANCEL YOUR SUBSCRIPTION AT ANY TIME BY EMAIL This email address is being protected from spambots. You need JavaScript enabled to view it. PROVIDED THAT ANY SUBSCRIPTION FEES CHARGED PRIOR TO THE EFFECTIVE DATE OF CANCELLATION WILL NOT BE REFUNDED, IN WHOLE OR IN PART. YOU WILL NOT BE ELIGIBLE FOR A PRO-RATED REFUND OF ANY PORTION OF THE SUBSCRIPTION FEES PAID FOR ANY UNUSED DAYS OF THE THEN-CURRENT SUBSCRIPTION TERM. THE EXECUTIVE LEADERSHIP INSTITUTE REQUIRES A REASONABLE AMOUNT OF TIME TO PROCESS YOUR SUBSCRIPTION CANCELLATION REQUEST. IF YOU CANCEL YOUR SUBSCRIPTION, YOU WILL ENJOY YOUR SUBSCRIPTION BENEFITS UNTIL THE EXPIRATION OF THE THEN-CURRENT SUBSCRIPTION TERM FOR WHICH YOU HAVE PAID, AND YOUR SUBSCRIPTION BENEFITS WILL EXPIRE AT THE END OF THE THEN-CURRENT SUBSCRIPTION TERM.

Members who wish to cancel their All Access membership will have up to 3 calendar days from the start of their All Access membership to cancel and receive a full refund. All subscriptions not cancelled within this 7 calendar day period (including those subscriptions that are automatically renewed) may be canceled at any time but no refund will be issued. The 7 calendar day refund period does not apply to members who receive a Resume Critique for the corresponding billing period. The Executive Leadership Institute reserves the ability to cancel auto-renewed for members as needed.

Section - 9 Reliance and Assumption of Risk

Use of the system is at your sole discretion and risk. You have independently evaluated the desirability of using the system. You are not relying on any representation, guarantee, or statement other than this contract. You shall not rely on the accuracy, completeness, usefulness or legality of the system or any information made available through the system at any time. You shall bear all risks of and are solely responsible for your use of the system and all information made available to you through the system.

Section - 10 Disclaimer of Warranties

THE EXECUTIVE LEADERSHIP INSTITUTE MAKES NO REPRESENTATION, GUARANTEE OR WARRANTY, EXPRESS OR IMPLIED, RELATED TO THE SYSTEM, THE INFORMATION MADE AVAILABLE THROUGH THE SYSTEM OR THEIR RESPECTIVE USES. THE SYSTEM AND THE INFORMATION MADE AVAILABLE THROUGH THE SYSTEM MAY CONTAIN ERRORS AND/OR BUGS AND MAY PRODUCE UNEXPECTED RESULTS. THE SYSTEM AND THE INFORMATION MADE AVAILABLE THROUGH THE SYSTEM ARE PROVIDED 'AS IS.' ANY AND ALL EXPRESS OR IMPLIED CONDITIONS, REPRESENTATIONS AND WARRANTIES, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTY OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT ARE DISCLAIMED, EXCEPT TO THE EXTENT THAT SUCH DISCLAIMERS ARE HELD TO BE LEGALLY INVALID. APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.

Section - 11 Limitation of Liability

YOU EXPRESSLY ACKNOWLEDGE, UNDERSTAND AND AGREE THAT THE EXECUTIVE LEADERSHIP INSTITUTE SHALL NOT BE LIABLE FOR ANY GENERAL, SPECIAL, CONSEQUENTIAL, DIRECT, INDIRECT, INCIDENTAL, EXEMPLARY OR PUNITIVE DAMAGES (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, INFORMATION, BUSINESS INTERRUPTION OR OTHER INTANGIBLE LOSSES) WHATSOEVER ARISING OUT OF THIS AGREEMENT OR THE USE OR INABILITY TO USE THE SYSTEM, INCLUDING THE CONDUCT OF ANY THIRD PARTY, HOWEVER CAUSED, ON ANY THEORY OF LIABILITY, AND WHETHER OR NOT THE EXECUTIVE LEADERSHIP INSTITUTE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. THESE LIMITATIONS SHALL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY. APPLICABLE LAW MAY NOT ALLOW LIMITATION OF LIABILITY FOR CERTAIN DAMAGES, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

Your exclusive remedy for any claim shall be limited to the subscription fee paid by you for the subscription term during which the event giving rise to the claim occurred. In no event shall liability to you exceed the amount paid by you for your subscription fee. The limitations, exclusions and disclaimers set for above shall apply and be enforceable to the maximum extent allowed by applicable law, even if any remedy fails its essential purpose.

Section - 12 Indemnifications

You agree to indemnify, defend, and hold The Executive Leadership Institute harmless against any loss, damage, cost, allegation, liability, expense, claim or demand, including court costs and reasonable fees for attorneys or other professionals, made by any third party resulting from your use of the system or information made available through the system or your breach of any of the terms of this Agreement.

Section - 13 Legal Inquiries and Requests

In response to a verified request by law enforcement or other government officials relating to a criminal investigation or alleged illegal activity, you agree and authorize The Executive Leadership Institute to disclose information about you without a subpoena. The Executive Leadership Institute, at its sole discretion, may assist third parties to protect their rights in the event that illegal or improper information is entered into or made available through the system or information made available through the system is used for illegal or improper purposes. The Executive Leadership Institute may disclose information about you as required by law or to comply with legal process, to report suspected illegal activities or to protect the rights, property or interests of The Executive Leadership Institute. The Executive Leadership Institute reserves the right and discretion, without obligation, to enforce this contract by any appropriate legal means available.

Section - 14 Choice of Law, Jurisdiction, Forum and Remedies

This contract shall be governed by the Law of The State of Georgia, regardless of the choice of law rules of any jurisdiction. Any dispute arising hereunder shall be subject to the exclusive jurisdiction of the federal and State courts located in New York, New York, and you hereby submit to the jurisdiction of such courts for the purposes of adjudicating any such dispute. To the fullest extent permitted by applicable law, NO CLAIM HEREUNDER OR UNDER OUR PRIVACY POLICY SHALL BE JOINED TO ANY OTHER CLAIM, INCLUDING ANY CLAIM INVOLVING ANY OTHER CURRENT OR FORMER USER OF THE SITE, AND NO CLASS ACTION PROCEEDINGS SHALL BE PERMITTED. In no event shall any claim, action or proceeding by you be instituted more than three (3) years after the cause of action arose.

All trademarks and registered trademarks are the property of their respective owners.

Employers, mentors, online classes presenters and other users and each of their representatives who submit content (any such content, “User Submissions”) to The Executive Leadership Institute (whether via the Site or any other manual or electronic means) hereby grant The Executive Leadership Institute a royalty-free, perpetual, irrevocable, freely sub-licenseable and assignable, non-exclusive right (including any moral rights) and license to use, reproduce, modify, adapt, publish, distribute, communicate to public, perform and display the User Submissions (and any modifications or derivative works thereof) in any media or distribution channel that may now or hereafter exist, in any geographic location. Furthermore, you agree that notwithstanding any rights of publicity, privacy or otherwise (whether or not statutory) anywhere in the world and without any further compensation, we may and are hereby authorized to use your name in connection with promotion of your User Submissions and the Company’s business, and to allow the Company’s assignees and/or sub-licensees to do the same.

By submitting any User Submissions, you represent and warrant that such User Submissions are accurate, complete, up-to-date, and in compliance with all applicable laws, rules and regulations, and do not violate the intellectual property or other rights of any third party.

We expressly disclaim any and all liability in connection with User Submissions. We reserve the right to remove content and User Submissions without prior notice (or to refuse to transmit or publish any User Submission) for any reason.

We will not tolerate violations of intellectual property rights. If you are a copyright owner and believe that any User Submission or other content infringes upon your copyrights, you may submit a notification pursuant to the Digital Millennium Copyright Act ("DMCA"). To provide us notice of an infringement, you must provide a written communication to the attention of "DMCA Infringement Notification Dept." at The Executive Leadership Institute, Inc., 6 East 39th Street, 11th Floor, New York, New York 10016 or by email to This email address is being protected from spambots. You need JavaScript enabled to view it. that sets forth the information specified by the DMCA (see http://www.copyright.gov/title17/92chap5.html#512). You may be liable for damages (including costs and attorneys' fees) if you materially misrepresent that an activity is infringing your copyright.

Section - 16 Third Party Links

Our system contains links to other sites. The Executive Leadership Institute does not control or endorse those sites by linking to them. You are solely responsible for your use of those sites.

Section - 17 No Third Party Beneficiary

This contract is only for the benefit of you and The Executive Leadership Institute. No third party has any right, claim or interest under this contract as a third party beneficiary.

Section - 18 Assignment

You may not assign or transfer your rights or obligations under this contract.

Section - 19 Waiver

Delay or failure to enforce any terms of this contract is not a waiver of such terms.

Section - 20 Entire Contract

This Agreement, along with the Privacy Policy, is the entire agreement between you and The Executive Leadership Institute; it supersedes all related communications and prevails over any other provisions relating to its subject matter.

Section - 21 Severability of Terms

If any terms of this contract are found to be unenforceable, all remaining terms shall continue in full force and effect as allowed by law.

Section - 22 Headings

Headings are used for convenience and are not to be used for meaning or intent.

Section - 23 Electronic Communications

Most communications between us and you will be sent and received electronically. You agree that all agreements, notices, disclosures and other electronic communication exchanged between you and us shall satisfy any legal requirements that such communications be in writing.

Mentors acknowledge and agree that they are providing certain personally-identifiable information (for example, photos, background, etc.) for public posting on the Site. All such information shall be deemed User Submissions of Mentor and, as such, we will have a license to use such information pursuant to Section 15. Each Mentor represents and warrants to us that such Mentor’s information is accurate, complete, up-to-date, and in compliance with all applicable laws, rules and regulations, and does not violate the intellectual property or other rights of any third party. As with other User Submissions, we expressly disclaim any and all liability in connection with such information and reserve the right to remove any such information without prior notice (or to refuse to transmit or publish any such information) for any reason. In addition, users should be aware that we do not endorse the views of any Mentor, that such Mentor’s advice and recommendations are their own and not necessarily the same as The Executive Leadership Institute, and that the inclusion of a Mentor in the Mentor Network does not in any way represent an endorsement of such Mentor or his or her services.

Your participation in the Mentor Network (whether as a mentor or a protégé) is at your own risk. The Executive Leadership Institute does not supervise any interactions between mentors and protégés, and is not involved in any way with their actions. You acknowledge and agree that by participating in the Mentor Network you may be exposed to a variety of risks and hazards, and are solely responsible for all costs and/or risks associated with such participation. TO THE FULLEST EXTENT PERMITTED BY LAW, YOU HEREBY RELEASE THE EXECUTIVE LEADERSHIP INSTITUTE AND EACH OF ITS OFFICERS, DIRECTORS, EMPLOYEES, SHAREHOLDERS AND REPRESENTATIVES FROM ANY CLAIMS OR DAMAGES OF ANY KIND OR NATURE, KNOWN OR UNKNOWN, SUSPECTED OR UNSUSPECTED, DISCLOSED OR UNDISCLOSED, RELATING TO YOUR PARTICIPATION IN THE MENTOR NETWORK, WHETHER AS A MENTOR OR PROTEGE. YOU AGREE AND UNDERSTAND AND INTEND THAT THIS ASSUMPTION OF RISK AND RELEASE IS BINDING UPON YOU AND YOUR HEIRS, EXECUTORS, AGENTS, ADMINISTRATORS AND ASSIGNS.

If applicable, you waive California Civil Code Section 1542, which states, in relevant part: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR.”

Mentors and protégés are required to manage their entire relationship through the Site, and any communications made offline are required to be reported to The Executive Leadership Institute. The Mentor Network is only available to protégés who have an All Access subscription. Protégés must maintain an All Access subscription for as long as they are communicating with a mentor in the network and, in the event that a protégé continues to work with or communicate with a mentor after his or her All Access subscription expires, he or she shall be liable to The Executive Leadership Institute for All Access subscription fees for any period of time during which such communication continued.